Privacy Policy - LaVista Licensee Solutions Pty Ltd

Information Handling Policy

1. Who We Are
1.1 In this Information Handling Policy, references to ‘we’, ‘our’, ‘us’ and ‘LaVista’ are to LaVista Licensee Solutions Pty Ltd and its subsidiaries.

2. Your Privacy
2.1 This Policy sets out how we manage your Personal Information. We respect the privacy of any Personal Information we collect about you and are committed to ensuring that this is handled in accordance with the provisions of the Privacy Act 1988, the Australian Privacy Principles, the FSC Life Insurance Code of Practice and any other applicable privacy related laws. This Policy may be updated from time-to-time.

3. Definitions
3.1 In this Policy:
Eligible data breach means unauthorised access to or unauthorised disclosure of personal information and a reasonable person would conclude that the access or disclosure would be likely to result in serious harm to any of the individuals to whom the information relates.

Independent Service Provider means someone LaVista enters into an agreement with, to assist with administration or management of a claim by a client on their life insurance policy. This may include, but is not limited to, an independent medical assessor, a rehabilitation provider, an allied health professional, an accountant, an investigator, surveillance operative or claims management service. This excludes reinsurers.

Licensee Services means the provision of AFSL support services including compliance, audit, training and technology services.

Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not, and whether recorded in a material form or not.

4. What kind of Personal Information does LaVista hold?
4.1 When you apply for, register your interest in, or enquire about a product or service, we collect information that is reasonably necessary to be able to provide you with those products or services. For instance, we may ask for identification information such as your name, address and date of birth.

The kind of Personal Information we hold may vary depending on our interaction with you. If you apply to be a customer, are currently a customer, or have previously been a customer, the Personal Information we may hold about you may include:
• name, address, gender, contact details and date of birth;
• payment details;
• records of service contacts such as voice recordings of telephone conversations;
• records of service contracts.

4.2 The main reason we collect, use, hold and disclose personal information is so we can provide you with Licensee Services (including where applicable, third party products and services) and to help us run our business. This may include:
• checking your eligibility for Licensee Services;
• assisting you where online applications are not completed;
• providing you with Licensee Services;
• helping you manage the Licensee Services;
• helping us develop insights and conduct data analysis to improve the delivery of Licensee Services, enhance our customer relationships and effectively manage risks; and
• understanding your interests and preferences so we can tailor digital content and Licensee Services.

5. Collection of Personal Information
How does LaVista collect Personal Information?

5.1 To provide the best Licensee Services to suit your needs, we collect Personal Information from you when you:
• contact us in person, by phone or online;
• decide to seek Licensee Services from LaVista; and
• make a request for one of our products.

5.2 If it is reasonable and practicable to do so, we will only collect Personal Information about you from you.

5.3 In some cases, if the Personal Information that we request is not provided, we may not be able to provide the relevant Licensee Services.

Collection of Personal Information from other people

5.4 On some occasions we may collect Personal Information about you from another person or entity, for example:
• from our referral and commercial strategic partners; and
• from publically available records.

5.5 If we have collected Personal Information about you from someone else, we will take reasonable steps to ensure that you are or have been made aware of this.

6. Use and Disclosure of Personal Information
How does LaVista use my Personal Information?

6.1 We use your Personal Information to provide, manage and administer the Licensee Services we provide, to evaluate and pay insurance claims, and to operate an efficient and sustainable business.

6.2 Examples of what we may collect and use your Personal Information for include:
• contacting you about matters relating to you, Licensee Services provided to you or other services that we provide;
• answering your enquiries;
• practicing effective risk management and preventing fraud;
• monitoring price and evaluating products and services;
• conducting marketing, research and statistical analysis;
• resolving complaints, breaches, incidents or litigant matters; and
• conducting customer surveys.

We do not exchange credit reporting information with any credit reporting bodies.

To whom will LaVista disclose my Personal Information?
6.3 We may disclose your Personal Information to other companies or individuals who assist us in supplying our Licensee Services or running our business, perform services on our behalf or oversee or regulate the Licensee Services that we provide, such as:
• any person acting on your behalf;
• legal, other professionals who assist with providing Licensee Services;
• IT development and maintenance providers;
• accountants, auditors and other service providers we may appoint to ensure the integrity of our operations;
• any organisations involved in providing, managing or administering our products or services such as external dispute resolution services or mail houses;
• regulatory or Government authorities; and
• providers of marketing, research and statistical analysis services.

6.4 In addition to the above, we may also use and disclose your Personal Information for any other purpose for which you have consented, or where we are authorised or required to do so by law.

6.5 In the course of providing you with Licensee Services, some of the organisations to which we may disclose your Personal Information may be located outside New South Wales or Australia in countries including New Zealand, South Africa, USA, Canada, member states of the European Union, India, Vietnam, Malaysia, Singapore, Thailand, Sri Lanka, Cambodia, Hong Kong, Japan, the Philippines, Turkey and Serbia. LaVista may send your Personal Information to them, including through electronic transmission.

6.6 Where Personal Information is disclosed, we require our contractors and service providers to comply with the provisions of the Privacy Act 1988, the Australian Privacy Principles and the FSC Life Insurance Code of Practice.

6.7 Where we disclose your Personal Information to contractors and service providers and we are aware that your Personal Information may be accessed by, or provided to, another party via that contractor or service provider, we will do all that we can reasonably can to ensure that any further party granted access to your Personal Information will comply with the Privacy Act 1988 and the Australian Privacy Principles, and the FSC Life Insurance Code of Practice.

6.8 We do not sell Personal Information to anyone.
When will LaVista use my Personal Information to contact me?

6.9 We will use your Personal Information to contact you about Licensee Services that we have provided to you or you have enquired about.

Marketing material
6.10 From time to time, we will provide you with information about products and services offered by companies within the LaVista Group and other affiliate organisations that we consider of potential benefit to you and your family. We may share your Personal Information on a confidential basis with companies within the LaVista Group and other affiliate organisations so that they can offer you products and services.

6.11 You can choose not to receive marketing material and we ask that you contact us to exercise this choice. Please understand that there could be a delay of up to 60 days before your request is fully implemented, and we apologise if you receive marketing material in this time. You will find details on how to contact us at the end of this Policy.

What other legislation affects LaVista’s use and disclosure of Personal Information?
6.12 In some circumstances, the collection, use, disclosure and access of Personal Information is governed by specific legislation. Where there is specific legislation, this will generally govern how we use Personal Information despite the provisions of the Privacy Act 1988.

7. Information Security
How does LaVista keep my Personal Information secure and for how long is it kept?

7.1 We take all reasonable steps to ensure that your Personal Information is kept secure and is protected from misuse, loss and unauthorised access, modification and disclosure. From 22 February 2018, we will be required to notify you and the Office of the Australian Information Commissioner (OAIC) if an ‘eligible data breach’ occurs in relation to your personal information that is held by us. A data breach may occur if your personal information is lost or subjected to unauthorised access, modification, disclosure or other misuse or interference, and it is generally notifiable if there is a risk of ‘serious harm’(eg. financial, reputational etc) to you due to the breach.

All data breaches will be assessed in accordance with LaVista’s Data Breach Response Plan.

We retain your Personal Information for as long as we need it to provide the Licensee Services you have requested from us and, in some circumstances, to comply with other statutory requirements. As required under privacy law, we will take reasonable steps to permanently de-identify or destroy Personal Information that is no longer needed.

7.2 If you use the secure member sections of our websites we will verify your username and password. Once verified, you will have access to secured content.

Risks of using the internet
7.3 You should be aware that there are inherent security risks in transmitting information through the internet. You should assess these potential risks when deciding whether to use our online services.

Cookies
7.4 LaVista’s websites may use cookies, a ‘cookie’ being a text file that can be placed on a computer by a web server. This may allow us to identify you or your browser while you are using our site. Cookies can be permanently stored on a computer or are temporary session cookies. They are used for a variety of purposes, including security and to help tailor our services to you. Cookies are frequently used on websites and you can choose if a cookie will be accepted by changing your browser preferences.

All browsers allow you to be notified when you receive a cookie and you may elect to either accept it or not. Please note if you do not accept a cookie, this may impact the effectiveness of the website. Further information about cookies and how LaVista uses them is available [here].

8. Access and Correction
Can I access my Personal Information?

8.1 You can ask us for access to Personal Information that we hold about you at any time. To do so, please call LaVista on [insert number] and ask for a Request for Personal Information Form which will be sent to you to complete.

8.2 You can access the information that we rely on in assessing your application for life insurance cover, your claim or your complaint. You can also access the reports from Independent Service Providers that we have relied on in assessing your application for insurance cover, or your claim. To do so, please call LaVista on [insert number].

8.3 We are committed to handling your request properly and promptly, so all requests for access are handled in our head office. If your request to access your personal information is in relation to a complaint you have made to us, we will respond to your request within 10 business days, as required by the FSC Life Insurance Code of Practice and the Insurance in Superannuation Code (refer to section 8.7 below).

8.4 We will provide you with access to Personal Information held about you except to the extent that we are permitted to refuse access in accordance with the Privacy Act 1988, and the Australian Privacy Principles. If we refuse to provide you with access to some information, we will provide you with our reasons in writing for doing so.

8.5 In special circumstances we may decline to provide access to or disclose information to you, such as:
(a) where information is protected from disclosure by law, including the Privacy Act 1988;
(b) where we reasonably determine that the information should be provided directly by us to your doctor;
(c) where the release of the information may be prejudicial to us in relation to a dispute about your insurance cover or your claim, or in relation to your complaint; or
(d) where we reasonably believe that the information is commercial-in-confidence.

8.6 If we decline to provide access to or disclose information to you:
(a) we will not do so unreasonably;
(b) we will give you a schedule of the documents we have declined to provide and give you reasons for doing so; and
(c) we will provide details of our Complaints process.

8.7 If we cannot comply with a timeframe for providing information to you required by the FSC Life Insurance Code of Practice or the Insurance in Superannuation Code due to the fact that we are waiting for permission from a third party to release information to you, we will advise you of this before the end of the timeframe.

8.8 If you request any of your life insurance policy documentation from us, we will provide this to you promptly and in an electronic form if you request, subject to any process for releasing policy documentation that we are required to carry out by law.

8.9 There is no charge for making a request for access or for obtaining a document containing a summary of the following Personal Information that we hold about you:
• name, address;
• contact details;
• bank account details.

8.10 We may charge a reasonable fee for access to any other Personal Information. Such charge will be restricted to our reasonable costs of providing the Personal Information that you have requested (for example, the cost of photocopying, document retrieval, labour and delivery to you).

Correction of Personal Information
8.11 We will correct any Personal Information that we hold about you if we become aware that it is inaccurate, incomplete, out of date, irrelevant or misleading.

8.12 If you believe that the Personal Information we hold about you is inaccurate, incomplete, out of date, irrelevant or misleading, you can ask us to correct it and we will take reasonable steps to do so. If we disagree about any information being inaccurate, incomplete or out of date and you ask us to do so, we will take reasonable steps to include a note on your record that you believe that such information is inaccurate, incomplete or out of date.

9. Enquiries and Complaints
How do I make an enquiry or complaint about privacy?

9.1 You can make an enquiry or a complaint about our handling of your Personal Information at any time by contacting our Privacy Officer. We may ask you to complete a Request for Personal Information Form or to set your enquiry or concern out in writing to assist us in undertaking an investigation and providing you with a response. We will respond to your enquiry or complaint within a reasonable period of time.

9.2 Our Privacy Officer can be contacted as follows:
LaVista Privacy Officer:
The Privacy Officer
LaVista Licensee Solutions Pty Ltd
Level 13 Corporate Centre One
2 Corporate Court, Bundall QLD 4217
Phone 1800 945 160

9.3 In the event the Privacy Officer is unable to resolve your enquiry or the enquiry has not been satisfactorily addressed you may lodge a complaint with the Information Commissioner. The Information Commissioner can be contacted by:
Phone: 1300 363 992
Email: enquiries@oaic.gov.au
Website: http://www.oaic.gov.au

10. Updates to the Policy

10.1 The most current version of this Policy can be obtained from our website at: www.LaVista.com.au.

Portal Terms of Use

LaVista Licensee Solutions is made available to you by LaVista Licensee Solutions Pty Ltd ACN 630 086 716 (Provider, we, us, our). By registering with LaVista Licensee Solutions, you agree that:

you have read and understood these terms and conditions; and
your use of LaVista Licensee Solutions is subject to these terms and conditions.

Registration by you with LaVista Licensee Solutions will constitute acceptance of these terms and conditions. You agree that you will not submit additional registration requests using different electronic mail addresses or other contact details.

The services provided in connection with LaVista Licensee Solutions are administration and support services only. LaVista Licensee Solutions Pty Ltd or any of its related bodies corporate (together LaVista and its Related Parties) accept no responsibility for your licence obligations or your on- going compliance with your legal requirements.

General

The Provider agrees to:
1. register you as a user of LaVista Licensee Solutions and allow you to use LaVista Licensee Solutions on and subject to these terms; and
2. issue you with a password to access LaVista Licensee Solutions.

Practice Principals

Important: Applies to all directors of an Australian Financial Services Licensees (“Practice Principal”)

If you are a Practice Principal, registration by you with LaVista Licensee Solutions will constitute your licensee’s acceptance of these terms and conditions. You agree to ensure that all Practice Principals and any persons authorised under your AFSL will be bound by these terms and conditions when they use LaVista Licensee Solutions.
Where we have used the term “you” or “your” in these terms and conditions, this refers to you in your capacity as an individual user and in your capacity as the Practice Principal.
This means you must comply with, and ensure that any LaVista Licensee Solutions users authorised under your AFSL comply with, these terms and conditions.
For a Practice Principal who is bound by a LaVista Services Agreement, you will continue to be bound by it until its termination.

Nominated users

In respect of a Service, a LaVista Licensee Services may permit you to nominate additional users to access a Service. You acknowledge that each additional user you nominate must be notified in writing to LaVista Licensee Solutions.
You acknowledge that you are solely responsible for the acts and omissions of any nominated user.

Services

LaVista Licensee Solutions provides you with access to:
1. subject to the payment of any applicable fee and your agreement to the LaVista Services Agreement, the Core Package;
2. subject to the payment of any applicable fee and your agreement to the LaVista Services Agreement, the Additional Services; and
3. the External Providers.
The Provider may, in its absolute discretion and without notification to you, change the Services available through LaVista Licensee Solutions and the External Providers that you can access through LaVista Licensee Solutions at any time.

Passwords and security

You agree to take all reasonable precautions to protect the integrity of the password provided to you and not reveal the password to any other person.
You will be responsible for:
1. all acts of unauthorised use of your password by any person; and
2. for the payment of all fees and costs incurred, and damages suffered, by you, LaVista Licensee Solutions and a related body corporate of LaVista Licensee Solutions or any third party, as a result of that unauthorised use.
You agree to notify us immediately if you:
1. become aware you have forgotten or lost your password;
2. suspect or become aware of any unauthorised use of your user name or password; or
3. encounter any unusual or suspicious difficulties logging on to LaVista Licensee Solutions that might indicate a security breach in relation to your user name or password.
You are responsible for all hardware and software that you use to access LaVista Licensee Solutions and the Services and all modifications to it (even if required due to the way in which the Provider provides LaVista Licensee Solutions or a provider provides a Service through LaVista Licensee Solutions) are at your cost unless agreed in the LaVista Services Agreement.
You must maintain the quality, efficiency, integrity and security of the systems you use in connection with LaVista Licensee Solutions.

Your ongoing obligations

You agree to:
1. be solely responsible for your use of any Services, including all information accessed via LaVista Licensee Solutions, and any breach of these terms and conditions;
2. your use of any Services for lawful purposes only;
3. notify us immediately of any change in your contact details;
4. notify us immediately if you gain access to any content which you know or suspect you are not authorised to access through LaVista Licensee Solutions;
5. notify us immediately of any difficulties, errors or other problems experienced with LaVista Licensee Solutions that might indicate a security breach in relation to your or another person’s user name or password;
6. not use LaVista Licensee Solutions in a way that might result in a security breach in relation to your or another person’s user name or password, or that, in our reasonable opinion, may otherwise adversely affect the use of LaVista Licensee Solutions by other users, or adversely affect the efficiency or security of LaVista Licensee Solutions as a whole;
7. be solely responsible for any charges related to mobile or internet connection and use levied by a telecommunications carrier or internet service provider to use LaVista Licensee Solutions and a Service;
8. supply LaVista Licensee Solutions with all relevant information to enable LaVista Licensee Solutions to fulfil its obligations under these terms and conditions;
9. comply with any reasonable directions that LaVista Licensee Solutions gives you from time to time regarding the use of LaVista Licensee Solutions or a Service;
10. if you are an AFSL holder, not represent to any person that LaVista Licensee Solutions is responsible for, or has provided or approved, any of your compliance policies or obligations you may have as an AFSL holder; and
11. not conduct yourself in a way which adversely affects LaVista Licensee Solution’s reputation.

You acknowledge and agree that:
1. LaVista Licensee Solutions and the Services are designed for AFSL holders, Practice Principals or any person who is responsible for an AFSL, advisers, paraplanners and their support staff only and not their clients;
2. LaVista Licensee Solutions does not have any responsibility for your obligations as an adviser or AFSL holder (if applicable); and
3. You are solely responsible for your legal and compliance obligations and ensuring you meet them.

You warrant that:
1. You are an AFSL holder, Practice Principal or a person who is responsible for an AFSL, adviser, paraplanner, or support staff to a person in such a position;
2. You are not prevented by any law or contract from accessing or using the content available through LaVista Licensee Solutions in the manner proposed by you (and, to the extent you are prevented, you agree you will not access or use the content available through LaVista Licensee Solutions); and
3. you hold all necessary licences, approvals and authorities to access and use the content available through LaVista Licensee Solutions or a Service in the manner proposed (and, to the extent you do not hold the necessary licenses, approvals and authorities, you agree you will not access or use the content available through LaVista Licensee Solutions or a Service).

Compliance with Additional Terms and Conditions and Disclaimers

You acknowledge and agree that each relevant LaVista Licensee Solutions Provider or any other party providing or involved with a Service may require you to agree to additional terms and conditions relating to a Service before you (or your nominated users) are granted or permitted access to use of that Service or parts of that Service (“Additional Terms and Conditions”).
You acknowledge that any Service provided under Additional Terms and Conditions may also be subject to the obligations and relevant provisions in these terms and conditions.
You must comply with, and must ensure that all your nominated users comply with the Additional Terms and Conditions (as may be amended or replaced in accordance with their terms).
If you or your nominated users do not comply with the Additional Terms and Conditions in relation to a particular Service, the provider of that Service may cancel your access to that Service and the access of any nominated user, without liability to the provider of that Service.
You acknowledge and agree that the provision of a Service, and any Additional Terms and Conditions on which that Service may be provided, are subject to the agreement of the relevant provider and is subject to change without notice.
You acknowledge and agree that your use of any content, documents or articles (“Materials”) available through LaVista Licensee Solutions or made available or provided to you in connection with a Service is subject to any disclaimer included in or accompanying those Materials.
Without limiting paragraph 25, where Materials are expressed to be for “adviser use only” you acknowledge and agree:
1. the Materials are for the information of financial advisers only;
2. the Materials must not be copied, used, reproduced or otherwise distributed or made available to any retail client or third party, or attributed to LaVista Licensee Solutions; and
3. the Materials do not contain, and should not to be taken to contain, any financial product advice.

Third party content and services

Some of the content available on LaVista Licensee Solutions and through the Services is provided by third parties (including External Providers) who are not related to us. LaVista Licensee Solutions is in no way responsible for and does not guarantee the quality or accuracy of the content provided by these third parties.
LaVista Licensee Solutions may contain links to websites operated by third parties (including External Providers) who are not related to us. LaVista Licensee Solutions is in no way responsible for and does not guarantee the quality or accuracy of the content, information, products or services displayed or offered on these third party websites. These links are provided for convenience only and do not represent any endorsement or approval by LaVista Licensee Solutions of those third parties or the information, products or services displayed or offered on the third party websites.
If you enter into an agreement with an External Provider for the provision of services, LaVistia Licensee Solutions is in no way responsible for and does not guarantee the quality or accuracy of the services provided by those External Providers. Any arrangement you have with an External Provider will be governed by separate terms and conditions set by the External Provider.

Intellectual property rights

Copyright and all other intellectual property rights in the content remain our exclusive property or the property of the identified provider of the information, as the case may be. You acknowledge and agree that neither you nor your nominated users have any proprietary rights in relation to any such content.
You acknowledge the intellectual property rights specified in paragraph 28 and agree not to infringe the copyright or other intellectual property rights owned by us, developers or the relevant provider of the information, as the case may be, or permit or allow any infringement of those rights, except to the limited extent expressly provided for in these terms.
A breach of paragraphs 28 or 29 is a breach of copyright and may expose you to legal action by the copyright owner.
The information available on the internet is not under our control and may be subject to the copyright of the particular author. You acknowledge you should seek and obtain the consent of the particular author prior to copying or reproducing any information obtained through the internet or you may be exposed to liability for breach of copyright.
We do not give any warranty or make any representation that any use of LaVista Licensee Solutions or a Service or the content available on or through LaVista Licensee Solutions or a Service by you will not infringe any third party’s rights.
Where LaVista Licensee Solutions in accordance with the terms of any licensing or user agreement between LaVista Licensee Solutions, or a related body corporate of LaVista Licensee Solutions, and the supplier of software, allows you or your nominated users, to use software provided by that supplier, you agree, and agree to use your best endeavours to ensure, that:

any such use of the software will be restricted to the rights which the software supplier allows the user to enjoy;
any such use will at all times be subject to the terms of the licensing or user agreement between LaVista Licensee Solutions, or a related body corporate of LaVista Licensee Solutions, and the software supplier; and
the software will only be used in accordance with LaVista Licensee Solutions and the supplier’s instructions.

You agree, and agree to use your best endeavours to ensure, that, in respect of software that you or your nominated users are licensed or permitted to use under paragraph 33:
1. the software will only be used in connection with, and in the manner permitted by, these terms and conditions or any applicable Additional Terms and Conditions;
2. no part of the software will be modified, copied, reproduced, disassembled, decompiled, reverse assembled or reverse engineered;
3. the software will be kept safe and there will be no unauthorised access to and use of the software; and
4. any defects in the software will be promptly reported to the provider.
LaVista Licensee Solutions may terminate your licence to use any software provided by a third party supplier at any time by notice to you.
You agree and acknowledge that:
1. LaVista Licensee Solutions retains all right, title and interest in the LaVista Licensee Solution’s trademarks and that all goodwill pertaining to those trademarks remains with LaVista Licensee Solutions. Nothing in these terms and conditions will be construed as giving any interest, goodwill or intellectual property rights in those trademarks to you or your nominated users;
2. Any trade mark belonging to LaVista Licensee Solutions which is used by you or a nominated user under these terms and conditions or any Additional Terms and Conditions must only be used in accordance with these terms and conditions or any Additional Terms and Conditions (as the case may be) and with the LaVista Licensee Solution’s authority and approval.

Liability and indemnities

You will indemnify and keep indemnified a LaVista Licensee Solutions, its related bodies corporate and its directors, officers, employees, contractors, representatives and agents from and against all and any charges, claims, costs, losses, damages, expenses and liabilities that arise directly or indirectly in relation to, or in connection with, LaVista Licensee Solutions or the Services, including from:
1. any negligent act or omission of you or any nominated user;
2. any act or omission of you or your nominated user in breach of these terms and conditions or any Additional Terms and Conditions;
3. a claim of any nature (including a claim for negligence of the LaVista Licensee Solutions or a third party) in relation to, or in connection with, the Services arising from conduct referred to in paragraphs 37(a) and (b).
The indemnity granted in paragraph 37 shall not be terminated or limited by or upon the termination of your use of LaVista Licensee Solutions, any Service, or these terms and conditions (“Termination Date”) with respect to your conduct or the conduct of any nominated user up to the Termination Date.
Nothing in these terms and conditions excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) (if applicable) or any other applicable Relevant Law that cannot be excluded, restricted or modified by agreement. To the extent permitted by the relevant statute, the liability of LaVista Licensee Solutions for a breach of such a condition, warranty, right or remedy is limited, at the option of a LaVista Licensee Solutions, to the supply of the relevant Service again or to the payment of the cost of having the relevant Service supplied again.
Any representation, warranty, condition, guarantee, indemnity or undertaking that would be implied in, or affect, these terms and conditions by legislation, common law, tort, equity, or by course of performance, dealing, trade, custom or usage is excluded to the maximum extent permitted by Relevant Law.
LaVista Licensee Solutions makes no representations or warranties, express or implied, to you, in relation to:
1. LaVista Licensee Solutions;
2. the Services (including whether the Services meet your or a nominated user’s particular objectives, requirements or legal obligations);
3. which Services you should select (including whether the Services that you select are appropriate for you or any nominated user or whether you should select other or Additional Services);
4. a third party which LaVista Licensee Services arranges to provide any Service;
5. an External Provider; or
6. the truth, accuracy or completeness of any information provided by a Service or External Provider, or to the reliability of the source of that information.
You acknowledge and agree that you register for LaVista Licensee Solutions, acquire a Service and agree to these terms and conditions or any Additional Terms and Conditions at your own risk and solely in reliance on your own judgment and acknowledge that, except as expressly stated in these terms and conditions, you have not relied upon any warranty, representation or undertaking of any kind made by or on behalf of LaVista Licensee Solutions in relation to the subject matter of these terms and conditions or the selection of Services.
You will not, in any circumstances, have any cause of action against, or right or claim to recover from, LaVista Licensee Solutions or a Related Entity, and LaVista Licensee Solutions its its Related Entity is not liable for, any loss or damage of any kind (consequential loss), which directly or indirectly results from:
1. providing LaVista Licensee Solutions or a Service or any part of it or any other information provided through LaVista Licensee Solutions or a Service;
2. any defect, malfunction, default, error, omission, delay or breakdown in LaVista Licensee Solutions, a Service or any part of either;
3. any suspension of LaVista Licensee Solutions or a Service;
4. arranging for the provision of the Services;
5. the provision of the Services by any person; or
6. the selection of the Services.

As per paragraph 39, nothing in these terms and conditions is intended to exclude, restrict or modify the exercise of any right conferred by a Relevant Law or the LaVista Licensee Solution’s liability for a breach of, or negligence in respect of, a term or condition.

If the Services include or involve the provision of information, LaVista Licensee Solutions makes no representations or warranties, express or implied, that any such information is accurate, up to date, complete or fit for any purpose, and it has made no inquiry as to the truth or completeness of that information or the reliability of the source of that information. You acknowledge and agree that the purpose of the information is to assist you receiving the information to undertake your own inquiries and analysis. Any reliance placed on any such information by you is entirely at your own risk and LaVista Licensee Solutions is not liable for any loss or damage arising from such reliance (including direct, indirect, incidental, special or consequential loss or damage, loss of profits and loss arising from business interruption).
You acknowledge that a Service may include the provision of documents which contain information, material, procedures, disclaimers or disclosures applicable to the provider of that Service only, and to the extent to which those documents are used by you under these terms and conditions or Additional Terms and Conditions, you must review and amend such documents to suit your own circumstances.

Variation of these terms

LaVista Licensee Solutions may, where required by law or otherwise in its absolute discretion, vary these terms and conditions, including by the introduction of new or replacement terms and conditions. LaVista Licensee Solutions may do this at any time but must give you 30 days’ notice in writing (which may be a notice by email or other electronic communication through LaVista Licensee Solutions) of any change that it reasonably considers to be materially adverse to your interests.

Suspension of access or services

LaVista Licensee Solutions may suspend access to LaVista Licensee Solutions or any Service available through LaVista Licensee Solutions where it reasonably considers it to be necessary or desirable (and where applicable, for such period as LaVista Licensee Solutions reasonably considers to be necessary or desirable):
1. having regard to:
  1. the law; or
  2. the quality, efficiency, integrity or security of LaVista Licensee Solutions or a Service; or
  3. any reputational impact on LaVista Licensee Solutions or a Related Entity; or
2. on reasonable notice to you.
LaVista Licensee Solutions must use its best endeavours to ensure that any suspension is carried out at times that in its reasonable opinion would have least effect on you and other users of LaVista Licensee Solutions or the Services (as applicable).

Delegation and assignment

LaVista Licensee Solutions may delegate or subcontract to another party any part of its obligations in respect of the use and operation of LaVista Licensee Solutions or the Services.
LaVista Licensee Solutions may assign its rights under these terms and conditions or any Additional Terms and Conditions, or novate its rights and obligations under this agreement or Additional Terms and Conditions to a third party. LaVista Licensee Solutions may assign its rights, or novate its right and obligations to:
1. a related entity of LaVista Licensee Solutions; or
2. a purchaser or transferee of all or part of the business of LaVista Licensee Solutions; or
3. any other entity determined by LaVista Licensee Solutions from time to time.

You agree through your acceptance of these terms and conditions that you consent to such future novation, and that you will sign any document required (or agree to any such document electronically) or provide any consent required in future (if any) to effect this novation. You acknowledge that you will not be unfairly prejudiced by such future novation. We will notify you (which may be a notice by email or other electronic communication through LaVista Licensee Solutions) when such an assignment or novation takes place.

Termination

This agreement shall continue until terminated in accordance with these terms.
LaVista Licensee Solutions may terminate this agreement:
1. on 30 days notice;
2. if you have not accessed LaVista Licensee Solutions for 12 months; or
3. when your access to LaVista Licensee Solutions is otherwise withdrawn in accordance with these
LaVista Licensee Solutions will terminate your access to LaVista Licensee Solutions and this agreement where you instruct us to cancel your access to LaVista Licensee Solutions. Unless otherwise agreed by LaVista Licensee Solutions, you must provide us with 30 days of notice for any termination.
Without limiting any other right of termination or suspension that LaVista Licensee Solutions may have under these terms with respect to LaVista Licensee Solutions, the Provider may terminate these terms, or in its discretion suspend LaVista Licensee Solutions (for such period as we reasonably consider to be necessary or desirable), immediately, without notice, if you:
1. breach LaVista Licensee Solution’s or a third party’s copyright or other intellectual property rights;
2. become or threaten to become insolvent;
3. have or will in our reasonable opinion use LaVista Licensee Solutions for any unlawful or improper purpose or in a way that may jeopardise the security or integrity or interfere with the proper operation of any part of LaVista Licensee Solutions; or
4. your nominated user engages in any conduct or activity which, in the Provider’s reasonable opinion, is likely to cause the Provider’s name, or the name of LaVista Licensee Solutions or its Related Party be brought into disrepute, or endangers, or is likely to endanger, an AFSL of a LaVista Licensee Solutions Related Party.
Termination of these terms and conditions, however caused, shall be without prejudice to our rights (or the rights of LaVista Licensee Solutions) accrued to the date of termination.
If you breach any provision of these terms and conditions, you acknowledge that we may not have an adequate remedy in damages and will be entitled to seek injunctive relief against you from an appropriate court and to recover related legal costs and expenses from you in order to maintain the integrity of LaVista Licensee Solutions or to prevent loss being suffered by us or any anyone else.
Any provision of these terms and conditions that is expressed to, or which by its nature is intended to, survive the termination of the terms and conditions will survive the termination of these terms and conditions.

Earlier representations

Any representation, undertaking, proposal, covenant or agreement, whether written or oral, not contained within these terms and conditions or any Additional Terms and Conditions or the LaVista Services Agreement or any document that forms part of that Agreement is void.
To the extent of any inconsistency between the LaVista Services Agreement and these Terms and Conditions or any Additional Terms and Conditions, the terms within the LaVista Services Agreement prevails.

Waiver

Any waiver by us of a breach by you of any provision of these terms and conditions shall be limited to the particular breach and shall not operate in any way concerning any future or other breach by you. No reasonable delay by us in responding to a breach shall be deemed to be a waiver in respect of that breach.

Notices

Any notice, approval, consent, demand or other communication to be given or made under these terms must be in writing and may be given through LaVista Licensee Solutions, or by email (or other electronic communication), by facsimile transmission, certified mail or hand delivery to the relevant party’s address for services.
Any communication made in accordance with paragraph 1 will be deemed to have been received on the Business Day after its delivery if hand delivered, transmitted by facsimile or other electronic communication or transmitted through LaVista Licensee Solutions, or 5 days after the date of postage if sent by certified mail.

Severability

Part or all of any provision of these terms and conditions that is illegal or unenforceable may be severed from these terms and conditions and the remaining provisions of these terms and conditions continue in force.

Definitions

Unless otherwise required by the context or subject matter:

“Additional Terms and Conditions” has the meaning given in paragraph 20. “AFSL” means an Australian financial services licence.

“ASIC” means the Australian Securities and Investments Commission.

“Business Day” means a day other than a Saturday, Sunday, public holiday or bank holiday in Sydney, New South Wales.

“External Provider” means a third party who has agreed to provide particular services and rates to members of LaVista Licensee Solutions.

“GST” means any tax imposed on the supply of goods, services, real or personal property or other things or similar tax and includes the goods and services tax as imposed by the GST Law.

“GST Law” has the meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

“Materials” has the meaning given to that term in paragraph 23.

“Relevant Laws” means all legislation and legislative instruments made under such legislation; ASIC policy, guidance, directives and class orders; any industry codes, guidance notes, standards or policies; and any policies issued by a regulator, which apply to the obligations of an AFSL holder under this agreement, including the Corporations Act, the Australian Securities and Investments Commission Act 2001 (Cth), the Competition and Consumer Act 2010 (Cth), the Privacy Act 1988 (Cth), the Anti Money Laundering and Counter Terrorism Financing Act 2006 (Cth) and the Financial Planning Association of Australia’s Code of Ethics and Rules of Professional Conduct.

“Service” means the Core Package or Additional Services as agreed in the LaVista Serives Agreement (as relevant). The Core Package and Additional Services means each service (which may comprise tools, materials, documents, software or access to information) made available to you from time to time through or in connection with LaVista Licensee Solutions subject to the payment of a fee. Services within the Core Package or Additional Services may be provided to you by LaVista Licensee Solutions or a third party.

Interpretation

In these terms and conditions, unless the contrary intention appears:

the singular includes the plural and vice versa and words importing a gender include other genders;
headings are for convenience only and do not affect the interpretation of these terms and conditions;
a reference to ‘include’ or ‘including’ means ‘includes, without limitation,’; and

references to any legislation or to any provision of any legislation shall include any modification or re-enactment of that legislation or any legislative provision substituted for, and all regulations and legislative instruments issued under, such

Information Handling Policy

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